Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of forgery and was sentenced to three years’ imprisonment.
In her writ application, Applicant contends, inter alia
, that her sentence is not authorized by law. She argues the convictions used to enhance the punishment range were not sequential because the second previous offense occurred before and not after the first previous conviction had become final. See
Tex. Penal Code § 12.42(a)(2). The convicting court agrees and recommends that relief be granted. After an independent review of the record provided to this Court, we agree with the convicting court’s recommendation. Continue reading
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-12-00069-CRNO. 09-12-00070-CRNO. 09-12-00071-CRNO. 09-12-00072-CR____________________
adjudication community supervision and adjudicating his guilt in four offenses: one
offense of burglary of a habitation (a habitual felony offender) (cause number 10-08776),
and three offenses of burglary of a building enhanced by prior felony convictions (cause Continue reading
Court of Appeals
Ninth District of Texas at Beaumont
Utkov to fifteen years in prison. In three appellate issues, Utkov challenges the
sufficiency of the evidence and the trial court’s limitation of cross-examination. We
affirm the trial court’s judgment.
The State alleged that Utkov committed indecency with a child against J.M. J.M.’s mother, F.T., was a friend of Utkov’s, and she testified that she trusted Utkov around her children. J.M. testified that, when F.T. was away from home on one occasion, Utkov tried to kiss J.M.’s mouth and touched her private parts with his hand. She testified that Utkov told her not to tell anyone, but that she eventually told her aunt. At the time of the offense, J.M. was seven years old. Christy Hawthorne, a registered nurse, examined J.M., and J.M. told Hawthorne that Utkov touched her vaginal area, rubbed her thigh, moved her clothing, and kissed her. Hawthorne testified that she found nothing unusual during the exam, but she did not expect to find anything in light of the history given by J.M. Continue reading
Before Chief Justice Wright and Justices Bridges and Myers
Appellant has filed a motion to dismiss the appeal. Appellant’s counsel has approved the motion. The Court GRANTS the motion and ORDERS that the appeal be DISMISSED and this decision be certified below for observance. See Tex. R. App. P. 42.2(a).
Appellant Dionicio Olivarez appeals the trial court’s order adjudicating him guilty and sentencing him to one-year confinement and a $1,200.00 fine. On appeal, Olivarez contends the trial court erred in granting the State’s motion to adjudicate and sentencing him to confinement in the absence of a finding that such actions would serve the best interest of society and Olivarez. We affirm the trial court’s judgment.
In 2007, appellant Dionicio Olivarez pled no contest to the offense of possession of a controlled substance under one gram. The plea was pursuant to a plea bargain agreement with the State. The trial court deferred a finding of guilt and placed appellant on community supervision for a term of three years. Less than two weeks before Olivarez’s community supervision was to end, the State filed a Motion to Enter Adjudication of Guilt and Revoke Community Supervision. In the motion, the State alleged, among other things, that Olivarez violated a condition of his community supervision by committing the offense of theft. Continue reading
Appellant Joey Edwards appeals his jury conviction for aggravated sexual assault. The jury assessed an enhanced sentence of imprisonment for 40 years. We affirm.
Appellant went on a dinner date with a woman — the complainant — he had met earlier that day. The complainant drove both of them to dinner, and after the date, she drove appellant to his car. At some point during the trip to appellant’s car, appellant became sexually aggressive, but complainant responded that, I’m a lady. I’m not like that. When they arrived at appellant’s car, appellant brandished a handgun, forced complainant into the back seat of her own car, held her down, and had sex with her. Continue reading
In this appeal from a conviction for driving while intoxicated, appellant Tiffany Nicole Pettis asserts the trial court erred in denying her motions to suppress, in failing to make findings of fact and conclusions of law, and in failing to include an instruction regarding the legality of the traffic stop in the jury charge. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A police officer conducted a traffic stop of appellant’s vehicle, resulting in appellant’s warrantless arrest and the subsequent charge against appellant for driving while intoxicated. Appellant pleaded not guilty to the charged offense. Continue reading
See TEX. PENAL CODE ANN. § 36.06 (West 2011). Latham pled guilty without a plea agreement, pled true to an enhancement, and signed a written stipulation of the evidence. The trial court found Latham guilty, found the enhancement to be true, and sentenced Latham to ten years’ confinement.
Latham’s attorney on appeal has filed a brief which discusses the record and reviews the proceedings in detail. He has set up several potential arguments and explained in detail why each fails to show a reversible error. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978). Continue reading